“We want to proceed with the Taser action first and see what the outcome of that case is,” he said.
In April 2008, 24-year-old Kevin Piskura was shot with a Taser outside the Brick Street Bar at around 2 a.m., while police were trying to break up a fight. Piskura, of Chicago, went into cardiac arrest at the scene and died five days later at University Hospital in Cincinnati.
His parents filed the lawsuit two years later and the case was originally set for trial this month. The allegations against the city and police department were excessive force was used and the city failed to adequately train, supervise and control its employees, among other complaints.
The lawsuit against Taser International, Inc. claims the Scottsdale, Ariz., company manufactured a defective and dangerous product.
“Taser International acted in a despicable, malicious, oppressive and fraudulent manner, in conscious disregard of the rights and safety of the decedent,” the lawsuit states.
The suit seeks compensatory and punitive damages. The company’s attorneys could not be reached for comment. The trial is scheduled for August.
The city’s attorney, Mark Landes, said he was a bit surprised the case was dismissed.
“I guess they decided strategically it was more important to focus their attention on Taser and not on the officer who used it,” he said, adding the suit against the city can be refiled within a year.
City Manager Doug Elliott said the city was pleased at least for now that it is off the hook. He said although the city has been defending itself in the suit for two years, no public funds have been expended. The city’s insurance company pays for liability lawsuits.
“We’ve been dropped and that is good news for the city,” he said. “However, the outcome of the Taser case may change that.”
Contact this reporter at (513) 696-4525 or dcallahan@coxohio.com.
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